Appellate Division of the Supreme Court of New York, 1941

Claim of Beckstead v. Dairymen's League Co-Operative Ass'n

Claim of Beckstead v. Dairymen's League Co-Operative Ass'n
Appellate Division of the Supreme Court of New York · Decided November 19, 1941
263 A.D. 769; 30 N.Y.S.2d 924; 1941 N.Y. App. Div. LEXIS 4869
Claim of Beckstead v. Dairymen's League Co-Operative Ass'n

Opinion of the Court

Appeal by claimant in a compensation case. The decision denying compensation is not supported by the evidence. The proof indicates claimant was injured while driving a truck. The medical proof shows causal relation. There is no evidence to the contrary. Decision reversed, with costs against the State Industrial Board, and matter remitted. HB1, P. J., Crapser and Foster, JJ., concur; Bliss and Schenck, JJ., dissent on the ground that there was a clear question of fact as to the happening of the accident, and on the further ground that the record shows that this claimant had a previous back condition and had consulted a physician for it.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.